Landmark Funding, Inc. v. Chaluts, Case No. 2D15-4188 (Fla. 2d DCA 2017).
Florida’s Revised Limited Liability Company Act, Florida Statute § 605.0803, gives standing to derivative plaintiffs only to members of the LLC at time of suit or to those who were members at the time of the conduct giving rise (including those who obtained their membership interest from someone who was a member at that time), and such is determined solely from the pleadings at the motion to dismiss stage; the Second District rejects that records from other proceedings can be “impliedly incorporated” into the pending complaint.ICMFG & Associates, Inc. v. The Bare Board Group, Inc., Case No. 2D15-3557 (Fla. 2d DCA 2017).
A plaintiff is required to prove a connection between the tortious conduct of the defendant and its lost profits, even when defendant’s pleadings have been struck as a sanction for misconduct.Villages of Avignon Community Development District v. Burton, Case No. 2D16-1048 (Fla. 2d DCA 2017).
Ad valorem tax liens are subject to the same priority as CDD liens, and the Second District certifies the following as a question of great public importance:
WHEN A COUNTY HOLDS AN AD VALOREM TAX LIEN AGAINST PROPERTY AND A COMMUNITY DEVELOPMENT DISTRICT (CDD) FORECLOSES ON A COEQUAL ASSESSMENT LIEN ON THE SAME PROPERTY WITHOUT JOINING THE COUNTY IN THE FORECLOSURE ACTION, MAY THE COUNTY ISSUE A TAX CERTIFICATE ON THE PROPERTY SUBJECT TO THE CDD ASSESSMENT LIEN OR IS THE COUNTY’S TAX LIEN HELD IN SUSPENSION UNTIL THE CDD SELLS THE PROPERTY TO A THIRD PARTY PURSUANT TO KOSTECOS V. JOHNSON, 85 SO. 2D 594 (FLA. 1956)?Allied Universal Corporation v. Given,Case No. 3D16-1128 (Fla. 3d DCA 2017).
Irreparable injury is presumed once a movant establishes a substantial business interest that is protectible under Florida Statute § 542.335; the burden then shifts to the non-movant to establish the absence of injury.Village of Palmetto Bay, Florida v. Alexander School, Inc.,Case No. 3D16-1201 (Fla. 3d DCA 2017).
Zoning ordinances which require approval of voters before a municipality will act on a requested zoning change are not unconstitutional deprivations of due process. Moreover, such ordinances are legislative enactments for which movant must prove the ordinance is “unreasonable and bears nosubstantial relation to public health, safety, morals or general welfare.”City of Riviera Beach v. J & B Motel Corp., Wells Fargo Bank, N.A., Case No. 4D16-0174 (Fla. 4th DCA 2017).
Municipalities have twenty years to foreclose Chapter 162 code enforcement liens.U.S. Bank National Association v. Roseman, Case No. 4D16-876 (Fla. 4th DCA 2017).
A promissory note sought to be introduced at trial that varies from the one attached to the complaint is reviewed for violation of Florida Statute § 673.4071 as to whether such alteration modifies the obligation of any party or whether the alteration was fraudulently placed on the instrument.
